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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-513

======================================================================
 
    EXPRESSING THE SENSE OF THE CONGRESS THAT STATES SHOULD REQUIRE 
CANDIDATES FOR DRIVER'S LICENSES TO DEMONSTRATE AN ABILITY TO EXERCISE 
     GREATLY INCREASED CAUTION WHEN DRIVING IN THE PROXIMITY OF A 
                POTENTIALLY VISUALLY IMPAIRED INDIVIDUAL

                                _______
                                

   June 20, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                    [To accompany H. Con. Res. 235]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 235) 
expressing the sense of the Congress that States should require 
candidates for driver's licenses to demonstrate an ability to 
exercise greatly increased caution when driving in the 
proximity of a potentially visually impaired individual, having 
considered the same, report favorably thereon without amendment 
and recommend that the concurrent resolution be agreed to.

                       PURPOSE OF THE LEGISLATION

    The purpose of House Concurrent Resolution 235 is to 
express the sense of the Congress that States should require 
candidates for driver's licenses to demonstrate an ability to 
exercise greatly increased caution when driving in the 
proximity of a potentially visually impaired individual.

                  BACKGROUND AND NEED FOR LEGISLATION

    H. Con. Res. 235 was introduced by Mr. Evans on September 
7, 2005. Each year, careless drivers cause personal injury and 
death to visually impaired individuals and their guide dogs. To 
reduce these accidents, the resolution urges states to adopt 
the requirement that candidates for driver's licenses 
demonstrate an ability to drive with increased caution when 
driving in the proximity of a potentially visually impaired 
individual.

                       SUMMARY OF THE LEGISLATION

    H. Con. Res. 235 finds that many visually impaired people 
travel about their communities without personal assistance and 
that many visually impaired people and guide dogs suffer injury 
and death each year as a result of being struck by a motor 
vehicle. Therefore, the legislation expresses the sense of 
Congress that States should require candidates for driver's 
licenses to demonstrate an ability to exercise greatly 
increased caution when driving in the proximity of a 
potentially visually impaired individual. The bill encourages 
states to teach candidates for driver's licenses to associate 
guide dogs and white canes with visually impaired pedestrians.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On April 5, 2006, the full committee met in open session 
and ordered H. Con. Res. 235 favorably reported by voice vote.

                             ROLLCALL VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report, and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    With respect to the requirements of clause 3(d)(2) of rule 
XIII of the Rules of the House of Representatives, H. Con. Res. 
235 is a sense of Congress Resolution and therefore does not 
have the force of law. As such, there is no cost associated 
with this legislation for fiscal year 2006, nor for any fiscal 
year thereafter. Attached to this report is a cost estimate 
prepared by the Acting Director of the Congressional Budget 
Office.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the attached 
cost estimate prepared by the Acting Director of the 
Congressional Budget Office shows that the resolution contains 
no measure that authorizes funding. Therefore, there is no 
change of total estimated funding level for the relevant 
programs compared to the appropriate levels under current law.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
attached cost estimate prepared by the Acting Director of the 
Congressional Budget Office shows that the resolution contains 
no measure that authorizes funding, so no statement of general 
performance and objectives for any measure that authorizes 
funding is required.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
attached cost estimate prepared by the Acting Director of the 
Congressional Budget Office shows that the resolution contains 
no measure that authorizes funding.
                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 24, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H. Con. Res. 235, 
expressing the sense of the Congress that states should require 
candidates for driver's licenses to demonstrate an ability to 
exercise greatly increased caution when driving in the 
proximity of a potentially visually impaired individual.
    If you wish further details on these estimates, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H. Con. Res. 235--Expressing the sense of the Congress that states 
        should require candidates for driver's licenses to demonstrate 
        an ability to exercise greatly increased caution when driving 
        in the proximity of a potentially visually impaired individual

    H. Con. Res. 235 would express the sense of the Congress 
that each state should require candidates for a driver's 
license to associate the use of a white cane and guide dog with 
visually impaired individuals and exercise great caution when 
in their proximity. Adopting H. Con. Res. 235 would result in 
no cost to the federal government.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee advises that with respect to section 423 of 
the Unfunded Mandates Reform Act (Public Law 104-4), the 
resolution is a sense of Congress and does not include any 
Federal Mandate, therefore no reports on Federal Mandates nor 
Intergovernmental Mandates are required.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H. Con. Res. 235 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Con. Res. 235 makes no changes to existing law.